CBD Laws


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CBD laws vary by state.  That being said, many state officials who maintain opposition to legal marijuana recognize the difference between marijuana THC and hemp CBD.  In certain states where marijuana is still completely illegal, CBD laws allow for consumption of CBD oils, extracts, and a variety of food ingredients.

Here is a list of each state and their current laws regarding cannabinoids.

CBD Laws in Alabama

 

Alabama adopted Carly’s Law (SB 174) on April 1, 2014.  Governor Robert Bentley signed this Alabama CBD law. Carly’s Law provides an affirmative defense for possessing CBD if you have a debilitating epileptic disorder. The law allows “a prescription for the possession or use of cannabidiol (CBD) as authorized by this act shall be provided exclusively by the UAB [University of Alabama at Birmingham] Department for a debilitating epileptic condition.”

Alabama adopted Leni’s Law (HB 61) on May 4, 2016. Leni’s Law provides an affirmative defense for possessing CBD oil if you have one of a specified list debilitating disorders that produce seizures.

CBD Laws in Georgia

Georgia enacted Haleigh’s Hope Act (HB 1)  on April 16, 2015. Governor Nathan Deal signed this Georgia CBD law. Haleigh’s Hope Act allows those suffering from ALS (Lou Gehrig’s disease), cancer, Crohn’s disease, mitochondrial disease, multiple sclerosis, Parkinson’s disease, and a variety of seizure disorders to possess CBD oil that contains less than 5% THC.

With all that considered, there are no specifications on how manufacturers should ship or distribute low THC/high CBD oil. Haleigh’s Hope Act simply provides a defense from prosecution for possessing qualifying medicinal CBD oil. For more clarification on Haleigh’s Hope Act, visit https://dph.georgia.gov/low-thc-oil-faq-general-public.

On May 7, 2018, Georia adopted HB 65.  HB 65 added PSTD and intractable pain to the above list of protected conditions.

CBD Laws in Indiana

In accordance with SB 52, Indiana now allows for across-the-board retail distribution of low-THC hemp extract that meets the following qualifications:
• “is derived from Cannabis sativa L. that meets the definition of industrial hemp”
• “contains not more than 0.3% delta-9-THC (including precursors)”
• “contains no other controlled substances”

Originally, lawmakers approved CBD oil containing at least 5% CBD and no more than 0.3% THC  for patients suffering from treatment-resistant epilepsy. That was according to HB 1148, which was signed into law by Governor Eric Holcomb on April 27, 2017.

SB 52 became Indiana CBD law on March 21, 2018.

CBD Laws in Iowa

CBD has been legal for consumption since May 30, 2014, when Governor Terry Branstad responded to the people’s request and signed SF 2360 into law. This law states, “a person may recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with the provisions of Chapter 124D.2 of the Iowa Code.”

However, on May 17, 2017, Governor Branstad signed a law that would encompass all cannabis products: HF 524 removed the potential for prosecution for possession of cannabis altogether by allowing the possession of medical marijuana. Medical dispensaries began dispensing medical marijuana and CBD products via medical dispensaries in December, 2018.

CBD Laws in Kentucky

In Kentucky, CBD law was well ahead of the United States in its differentiation of CBD vs THC. Governor Steve Beshear signed SB 124 into law on April 10, 2014. SB 124 makes a clear distinction between marijuana and hemp and defines CBD as a non-psychoactive substance. While Kentucky allows for possession of CBD, they did not provide any specification on how patients may acquire CBD oil or other CBD products.

CBD Laws in Mississippi

Mississippi adopted Harper Grace Law (HB 1231) on April 17, 2014. Governor Phil Bryant signed this Mississippi CBD law. Harper Grace Law allows for possession of CBD extract, CBD oil, or CBD resin containing at least 15% CBD and less than .5% THC.

However, Mississippi officials insisted on maintaining control.  Mississippi CBD law mandates the National Center for Natural Products Research at the University of Mississippi either manufacture or test all CBD products.  Furthermore, only the Department of Pharmacy Services at the University of Mississippi Medical Center may dispense CBD extracts, oils, and resin.

On March 20, 2017, Governor Bryant signed SB 2610 into law. Unlike the stipulations of SB1231, SB 2610 simply allows pharmacies other than the University of Mississippi Medical Center to distribute CBD products. However, Governor Bryant still stands by his staunch opposition to legal marijuana.  Having said that, he publicly supports medicinal CBD as defined in these bills.

CBD Laws in Missouri

Missouri CBD law only has specifications for intractable epilepsy. Governor Jay Nixon signed HB 2238 on July 14, 2014. HB 2238 allows patients with intractable epilepsy to possess and consume cannabis oil that is at least 5% CBD and less than .3% THC. In order for patients to qualify, a neurologist must approve. According to this Missouri CBD law, patients need to have been nonresponsive to at least three treatments for eligibility.

Missouri CBD law requires patients with intractable epilepsy to carry a registration card.   Patients are able to apply for a registration card with the Missouri Hemp Extract Registration Program.

CBD Laws in North Carolina

On July 3, 2014, North Carolina adopted HB 1220.  Governor Pat McCrory signed this North Carolina CBD law.  HB 1220 allows universities to conduct research using CBD oil containing less than .3% THC and at least 10% CBD.  Although, this law limited the research to include only intractable epilepsy.

That North Carolina CBD law was amended on July 16, 2015.  Lawmakers redefined certain terms with HB 766.  They increased the THC allowance to .9%.  Additionally, they decreased the requirement for CBD content to 5%.  This law allows qualifying patients to possess and consume CBD oil and extracts.  However, North Carolina CBD laws still prohibit farmers from cultivating hemp.

CBD Laws in Oklahoma

On April 30, 2015, Oklahoma adopted Katie’s Law (HB 2154) . Governor Nikki Haley signed this law.  A key note to realize, though, is she stated specifically that it was to help sick children – not to open the door for legal marijuana.  This Oklahoma CBD law only allowed patients suffering from severe epileptic conditions to possess CBD oil.

On May 13, 2016, HB 2835  was signed into law to modify Katie’s Law.  This modification added spasticity (only as a result of multiple sclerosis or paraplegia), extreme nausea and vomiting, and chronic wasting diseases to the legally acceptable conditions.

On April 17, 2017, Governor Fallin signed another measure to update Katie’s law, HB 1559. This update allowed any federally approved CBD product to be possessed without risk of prosecution.

CBD Laws in South Carolina

On June 2, 2014, South Carolina adopted Julian’s Law (S 1035). Julian’s Law allows patients with various forms of epilepsy to possess CBD oil with less than .9% THC and at least 15% CBD.

CBD Laws in South Dakota

On March 17, 2017, South Dakota enacted SB 95.  Governor Dennis Daugaard signed this South Dakota CBD law that removes CBD as a Schedule IV drug – differentiating it from marijuana.  However, the law specifies that any CBD product must meet US FDA approval guidelines.

CBD Laws in Tennessee

On May 16, 2014, Tennessee enacted SB 2531.  Governor Bill Haslam signed this Tennessee CBD law.  It allowed for CBD oil with less than .9% THC to be used in four-year-long clinical trials for research regarding intractable seizures.

Finally, on May 5, 2015, Tennessee removed all legal restrictions on CBD with SB 280.  SB 280 allows any Tennessee resident to possess CBD oil purchased legally within the United States – not necessarily in the state of Tennessee.

CBD Laws in Texas

On June 1, 2015, Texas began allowing patients with intractable epilepsy to possess and use CBD oil with SB 339.   Governor Greg Abbott signed this Texas CBD Law.  While that may be true, according to SB 339, only patients with intractable epilepsy and two certified doctors’ recommendations may legally possess and use CBD oil.  Furthermore, the oil must be less than .5% THC and at least 10% CBD.

CBD Laws in Utah

On March 21, 2014, Utah adopted Charlee’s Law (HB 105).  Governor Gary Herbert signed this Utah CBD law.  Charlee’s Law allows patients with intractable epilepsy and a neurologist’s recommendation to possess and use CBD oil with less than .3% THC and at least 15% CBD.

However, Utah still has very stringent laws when it comes to marijuana.  First of all, Utah laws prohibit the cultivation of hemp.  Not only that, Utah CBD law prohibits manufacturing and distribution of any CBD products.  As such, in order to possess CBD in Utah, it will have to have been shipped or acquired from a neighboring state with less restrictive laws.  However, that presents another problem: Crossing state lines with controlled substances.

CBD Laws in Virginia

On February 26, 2015, Virginia began to allow the use of CBD oil for intractable epilepsy with HB 1445.   Governor Terry McAuliffe signed this Virginia CBD law.  It provides a defense for possessing CBD oil containing less than 5% THC.

In like kind with many other states, on March 9, 2018, Virginia made an update their list of acceptable conditions for CBD oil with HB 1251.  More specifically, they changed it to “any diagnosed condition or disease determined by the practitioner to benefit from such use…” .  Governor Ralph Northam signed this Virginia CBD law.

CBD Laws in Wisconsin

On April 16, 2014, Wisconsin adopted Lydia’s Law (AB 726).  Governor Scott Walker signed this Wisconsin CBD law.  This law allowed patients with seizure disorders to legally possess and consume CBD products.

Then, on April 17, 2017, Governor Walker signed a new bill into law:  SB 10.  This Wisconsin CBD law broadened the original bill to include any qualifying medical condition.

CBD Laws in Wyoming

On July 1, 2015, Wyoming enacted HB 32.  Having said that, Governor Matt Mead neither supported this this Wyoming CBD law with a signature nor opposed it with a veto.

CBD laws are being created to supersede marijuana laws.

As long as hemp CBD and marijuana THC are still classified together on a federal level, CBD laws will continue to be modified in order to provide medicine to those who need it despite out-dated legal statutes.  However, a variety of notable agencies are urging both the FDA and DEA to legally recognize the difference between CBD and THC when considering their CBD laws.